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Article 226 cannot be invoked to challenge order passed by NCLT

September 9, 2020 35718 Views 0 comment Print

Sulochana Gupta Vs RBG Enterprises Pvt. Ltd. (Kerala High Court) Writ petition filed under Article 226 of the Constitution of India, can be for the enforcement of fundamental rights or for any other purpose, as envisaged under Article 226 of the Constitution. There is no pleadings or materials to substantiate that the appellants are discharging […]

Extended Period of Limitation Can’t be granted if there is No Suppression of Facts by Assessee

September 9, 2020 5874 Views 0 comment Print

The issue under consideration is whether the an extended period of limitation of 5 years can be allowed to the Adjudicating Authority even if there is no suppression of facts made out against the Assessee?

Allahabad HC rejects Bail plea of person accused of Smuggling Gold Biscuit

September 8, 2020 1599 Views 0 comment Print

After considering all the arguments advanced by the parties and the judgments relied upon by the parties and further considering to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case, this Court is of the view that the applicant has not made out a case for bail.

Prohibited goods can be provisionally released under Customs Section 110A

September 8, 2020 4026 Views 0 comment Print

The Bombay High Court has held that Section 110A of the Customs Act, 1962 does not impose any limitation that the  goods  categorized as ‘prohibited goods’ under Section 2(33) cannot be subjected to provisional release under Section 110A.

Wife is Best Guardian for her husband – Bombay HC

September 8, 2020 5964 Views 2 comments Print

On 3rd September 2020, the Bombay High Court has passed a landmark ruling placing the wife in a position as a Guardian for her comatose (in the position of coma).  The Bombay High Court thereby affirmed that a spouse could be the best Guardian for his/her spouse and thus, appointed the spouse of a comatose man as his guardian for making it easier […]

HC Quashes Order of Commissioner of Customs freezing Bank A/c beyond 1 Year

September 8, 2020 3030 Views 0 comment Print

The issue under consideration is whether the freezing of the bank account of the petitioner was undertaken by the Deputy Commissioner (Customs) under the provisions of the Customs Act, 1962 is justified in law?

Revocation of Cancellation of GST Registration – HC found argument of erroneous exercise of jurisdiction untenable

September 7, 2020 6957 Views 0 comment Print

M.S. Retail Private Limited Vs Union Of India (Karnataka High Court) It is not in dispute that the show cause notices, the order of cancellation and the order rejecting the application for revocation of cancellation are passed by proper officer. The show cause notice dated 18.03.2020 and the order of cancellation of registration dated 06.06.2020 […]

Section 54F deduction cannot be denied for subsequent letting of property for commercial use

September 7, 2020 2634 Views 0 comment Print

The issue under consideration is whether deduction u/s 54F can be denied for the reason that assessee had later on let out new property for commercial purpose to run restaurant?

HC Allows Issuance of ‘C’ Forms against purchase of High Speed Diesel from Suppliers in Other States

September 7, 2020 4062 Views 0 comment Print

Difficulty in obtaining ‘C’ forms under the provisions of the Central Sales Tax Act, 1956 in order to avail concessional benefit of tax for purchase of High Speed Diesel from suppliers in other states.

Reopening of Assessment for mere Difference in Valuation Report Not Justified

September 7, 2020 3168 Views 0 comment Print

The issue under consideration is whether the issue of notice u/s 147 for re-opening of assessment on the basis of difference in valuation report is justified in law?

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